|
BALLSTON--Ballston Town Justice Keith Kissinger, allegedly under investigation by the state Commission on Judicial Conduct along with Saratoga County Family Court Judge Gilbert Abramson, has suddenly resigned, saying that he has been transferred to South Carolina.
The Ballston town clerk's office confirmed Thursday that at the last town board meeting Kissinger had submitted his resignation effective Dec. 26 and that the town board would be appointing someone to fill the remainder of Kissinger's term.
Kissinger's term expires Dec. 31 and he was seeking reelection to the position unopposed. It is unknown why he made his effective date of resignation Dec. 26 rather than Dec. 31 when his term ends.
However, in a rather cryptic statement, the clerk said the resignation might be withdrawn because Kissinger's transfer to South Carolina "might not go through". She failed to elaborate on her statement but said that the town board would make an appointment.
Former town justice Cynthia Amrhein, a Ballston Lake attorney who was defeated last year by Brandi Burns after she had served two four-year terms as town justice, has indicated that she will seek to be elected to Kissinger's vacancy through a write-in vote on Tuesday, Nov. 8.
Kissinger had adjudicated a criminal matter involving Kenneth Rohling of Schenectady, charged with harassment involving his ex-wife. Rohling alleged that Kissinger placed an illegal order of protection barring all communication, even email contacts, with his children. Rohling, engaged in a contentious custody battle with his ex-wife before Abramson, says that Kissinger's order was placed based on two ex parte letters written by Rohling's estranged wife requesting it.
According to Rohling, Kissinger had denied that the letters existed and stated the reason he had issued the order was because he was "the judge" and because he could. Rohling says that in trial, the letters were proven to have contained false statements which he says violated the constitutional rights of himself and his two children.
Kissinger's resignation comes about a month following an article about Judge Abramson and the Rohling case appearing in The North Country Gazette.
http://www.northcountrygazette.org/articles/100305Abrason.html
The Gazette article was originally posted Oct. 3 and contained a link to a tape recorded conversation between Rohling and Kissinger. http://www.ken-rohling.com/town-lawsuit/lawsuit.html) In New York State, it is legal to tape record conversations as long as one party is aware they are being recorded.
Rohling says that nearly six months after the harassment charge had been filed, the Saratoga County district attorney's office dismissed the charge and the order of protection.
According to Rohling, when his attorney, Dennis Englert who is a part-time judge in Glenville town court, asked Abramson to change the temporary order of protection placed against Rohling by Kissinger, Abramson alleged replied, "He's the NRA pistol permit instructor and I don't want him to shoot me. He told my wife how to shoot a .357. You have to hold that in very high regard, one because Beth (Abramson's wife) likes him, and two, because I----he could shoot me if he wants to".
When Englert reportedly referred to the protection order as "illegal, unconstitutional and unethical" before Abramson, Abramson allegedly agreed but said that even when the underlying charged which had resulted in the order being issued were dropped against Rohling in criminal court, that Kissinger had ordered that the order of protection stay in effect----a violation of law.
Rohling says that at the next hearing in his case, a letter from Kissinger stating that he would modify the TOP was given to Abramson but Abramson allegedly refused to accept it, stating, "No, it would have told me and he would've sent me a letter. He didn't do that". 11-04-05
© 2005 North
Country Gazette
|
